BHAGWAN YESHWANT KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants in both these applications seek to quash the F. I. R. in Crime No. 82/1996, registered at Police Station Tuljapur, for the offence punishable under sections 218, 219, 466, 468, 471 read with section 34 of Indian Penal Code. Therefore, both these applications may be disposed of by common judgment.

(2.) Heard learned counsel for the applicants and learned A. P. P. for the State. Perused the relevant papers.

(3.) To state in brief, F. I. R. in the matten was lodged by R. N. Rakkawar, tahsildar, Tuljapur on 20-5-1996 and on the basis of that F. I. R. offence came to be registered. The F. I. R. reveals that it was lodged as per directions given by the collector, Osmanabad by letter No. 93/jama/l225 (appeal) dt. 18-3-1996. The f. I. R. reveals that during the period of 1992-93 B. Y. Kulkarni, who is applicant in Criminal Application No. 1350/96 was Tahsildar and City Survey Officer for tuljapur, while Mallikarjun Kashinath Menkudhale, the applicant in Cri. Application No. 2224/97 was Surveyor for Tuljapur. There was some open land in front of S. T. Stand and between the State Highway and the Tahsil godown. It was a Government land. However, the present applicants conspired with dattatraya Rangnath Kondo and Devanand Salrebrao Rochkari and the said land was wrongly recorded in the name of Dattatraya Kondo by Surveyor Menkudhale and City Survey Officer B. Y. Kulkarni. As per advice given by Menkudhale, said Dattatraya Kondo sold that Government land, City Survey No. 833 to devanand Rochkari and thereafter, without giving any notice either to Public works Department or to Revenue Department of the Government, the mutation of City Survey No. 883 was approved in favour of Devanand Rochkari on the basis of sale deed executed by Dattatraya Kondo in his favour. This could be done only on the basis of false documents prepared by Menkudhale, Surveyor and Dattatraya Kondo and the mutation entry could be taken because B. Y. Kulkarni, did not issue notice to the concerned Departments of the Government and thus, it is alleged that both these officers misused their position and powers and dishonestly disposed of the Government land while discharging their official duties. On the basis of this F. I. R. , offence was registered against four persons namely Dattatraya Kondo, Devanand Rochkari, Mallikarjun Menkudhale and b. Y. Kulkarni. Accused Nos. 3 and 4 have preferred the present applications. According to them, no offence is made out against them and further without sanction from the Government under section 197, Criminal Procedure Code they cannot be prosecuted for anything done tby them while acting or purporting to act in discharge of their official duties. They contended that no such sanction has been accorded by the Government and therefore, offence cannot be registered. It appears that after investigation, police filed charge-sheet on 25-7-1996. On the same day the accused persons were present before the J. M. F. C. and they were released on bail.